BILL NUMBER:  S3116

 TITLE OF BILL :  An act to amend the executive law, in relation to
victims of domestic violence

 PURPOSE :

Authorizes a victim of domestic violence to apply to remove the
violent felony offender from deed of co-owned real property.

 SUMMARY OF PROVISIONS :

Section 1. Amends the executive law to add a new section 577 to read:

Violent felon removed from deed with victim.

1. For the purposes of this section, the following terms shall have
the following meanings: (a) "violent felony offense" shall have the
same meaning set forth in subdivision one of section 70.2 of the penal
law; (b) "victim of domestic violence" shall mean any person who is a
victim of an act which would constitute a violent felony offense; and
(i) such act or acts have resulted in actual physical or emotional
injury or have created a substantial risk of physical or emotional
harm to such person or such person's child; and (ii) such act or acts
are or are alleged to have been committed by a family or household
member.
              

2. Any victim of domestic violence who holds title to real property
with the person who was convicted of the violent felony offense which
constituted the domestic violence against such victim may apply to the
county clerk in the county in which such real property is located to
remove the name of such violent felony offender from the deed of such
real property. Application shall be made in a manner and form to be
determined by such county clerk.

 JUSTIFICATION :

As the law currently stands, an offender who is convicted of a felony
against a victim with whom the offender also co-owns property can
still retain the ability to disallow the victim the ability to sell,
refinance, or lease without their permission and can withhold that
permission keeping their victim hostage mentally and often financially
We must make every effort to assist survivors of these violent crimes
from continuing to be victimized even after their offenders have been
tried, and convicted.

 LEGISLATIVE HISTORY :

S.1771(2016)- Referred
S.6275(2014)- Referred
S.2718(2013)- Referred
S.3790(2012)- Referred
S.7639(2010)- Committed to Social Services to Social Services to
Social Services to Social Services to Codes

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.